Just when I thought all was Ok..

[GetStraight]

I have my ex girlfriend after £25000. I have just started an IVA, first payment this week actually. After I had submitted my I&E to my IP to get everything sorted, I was summoned to a court hearing as my ex is trying to claim £25000 under the childrens act to re-house my son as her rented house is only 2 beds and she has another child from a previous relationship. I pay £190 month maintenance.
I see him 3 times a week, picking him up from school, and every other weekend he stays with me. I have no money, certainly not £25000, but have a decent salary and am in the IVA to repay my creditors. I am in rented accomodation and will get back on track when my IVA is completed.
However, I went to the hearing without representation, as I couldn't afford a solicitor. My ex is on legal aid and her Barrister chewed me up and spat me out big time. I hadn't filled in the correct forms etc etc. The hearing was adjourned but I have to pay £1500 costs! Also, I've obviously had to get representation, and the charges are £180 per hour.
I foolishly thought that if I had no money, they would not proceed with this ludicrous case, but I was wrong. I have managed to pay an initial £500 deposit with my solicitor (saved from not paying creditors whilst IVA being processed) but he will want more soon, and still need to find the £1500 costs. Help, any ideas? Thanks.

[MelanieGiles]

You definately need specific legal advice with regard to this problem. Personally I have never heard of such a case, but feel that your ex-partner will be unsuccessful in her claim against you.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[GetStraight]

Thanks Melanie. My solicitor has told me that she has virtually no chance of succeeding with her claim. The problem I have is where to get £2500 to cover the legal bill whilst I am running a "tight ship" in my IVA.
It is so frustrating that I got everything sorted and knew where I was, then this came along.

[MelanieGiles]

I can understand that frustration, and you sound as if you have a good lawyer, but do try and watch the costs. If they say that she has little chance of a claim, then this should not incur too much cost. Do make sure that she makes full disclosure of your IVA to the Court, and shows that you cannot afford to fund a defence to an unecessary action - and that your girlfriend's claim has the potential to fail the IVA.

Also speak to your IP about taking a payment break to fund the legal costs. This will involve you having to pay more contributions at the end of the arrangement, but there may be no other option.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[R1chard]

id never heard of this ? can exes actaully do that? claim housing costs?

58 PAYMENTS TO GO..

[BrassicLintus]

This is probably a silly question as you say you earn a decent salary - but can't you apply for legal aid yourself?? I think that it's set at around £29500 (but I'm sure an expert will be along to correct me!) A friend of mine applied and was told that he earnt £25 a month too much to qualify (because they don't take into account any outgoings you may have - they just base it on your gross income - highly unfair I think!) I too have never heard of such a ludicrous case - but good luck!!!

[Skippy]

Good luck Getstraight, I hope you get things sorted out.

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

View my blog at http://skippy13.blogs.iva.co.uk/

[s.b.w]

Hiya Getstraight

Have you thought about contacting a university law school who offer legal advice sessions?

I know Queen Mary at Mile End in London do, so maybe your local university may offer something similar?

It's worth a try....

Good luck and fingers crossed for you....

Shaz x

Arghhhhh!!!!!!!!!
If only I'd said NO!

Go to my blog at:

http://shazzy.blogs.iva.co.uk/

[GetStraight]

I would just like to thank everyone for their replies. I work nights so that's why I post late. You have given me some great advice, and made me more determined to get over this.
Brassic, I earn £32500 and am therefore paying a big chunk into my IVA which is hard but OK as I got into the debt by my own actions, and I will keep going with the payments... but no legal aid available.
Melanie, yes I may need to take a payment break to pay the fees.My brother today said he would pay upto £2000 and isn't bothered when he gets it back. At the moment I have no date for the next hearing, maybe they have realised that I am actually in an IVA and it would be futile to proceed?
Richard, there aren't many test cases on this but there is a section under the childrens act which could be interpreted that an ex partner could claim a lump sum to re-house your child if the child is currently in unsuitable housing. It is a legal debate whether such a thing can happen but that is what my ex is trying. It does annoy me that I see my child all the time and haven't missed a maintenance payment, and the money I will have to spend on legal fees hasn't gone to my child, just to solicitors.
Anyway, thanks for your replies.

[MelanieGiles]

This is barmy, and I predict will go nowhere. Make sure your IP is aware of what is going on, indeed he may be able to put some pressure on the other side to drop the case on grounds of your net worth (or lack of it!).

Keep us posted - this is new ground for all of us, and we really must find a good family lawyer to post on the forum!

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[R1chard]

this is crazy - if this goes to court and your ex manages to win some sort of a payout - i predict there then will be alot of mothers claiming housing costs from exes.



57 PAYMENTS TO GO..

[Rainbow]

Which will take so long to go through appeal after appeal I will speak to my housing solicitor contacts and see if there is any case law or any thing that has ever happened like this before.
I'm amazed your ex got legal aid to fund it!!
Rainbow

Every Cloud has a silver lining. At the end of the Rainbow is a Pot of Gold - Or Hope!